(a) It shall be unlawful for any person to knowingly or intentionally:
(1) Fail to comply with the lawful command of a police officer;
(2) Interfere with or obstruct any public servant in the performance of their duties as a public servant; or
(3) Engage in any threatening or intimidating conduct toward any public servant in the performance of their duties as a public servant that places the public servant in reasonable apprehension of physical harm in the furtherance of such duties.
(b) Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection:
Police officer means any person sworn as a member of the Police Department authorized to enforce this Code, state law, and, where applicable, federal law.
Public servant means the Mayor, members of the City Council, the City Clerk, appointive officers, any member of a board, commission, or other voting body that is established by either branch of City government or by the Charter, or by this Code, and any appointee, any employee or any individual who provides services to the City within or outside of its offices or facilities pursuant to a personal services contract.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-39 (JCC 10/19/2021, Passed 11/3/2021, Approved 11/4/2021, Published 11/19/2021, Effective 11/19/2021).
It shall be unlawful for any person to operate or cause to be operated any software, mobile application, machine, device, or instrument of any kind whatsoever, which shall cause preventable interference with the proper function of City-owned and operated communication systems.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-29 (JCC 6/29/2021, Passed 7/27/2021, Approved 8/2/2021, Published 10/19/2021, Effective 10/19/2021).
(a) It shall be unlawful for any person to knowingly:
(1) Be present as an exhibition spectator at a dangerous driving exhibition conducted on a public street, highway, or private property open to the general public without the consent of the owner, operator or agent thereof;
(2) Be present as a exhibition spectator where preparations are being made for a dangerous driving exhibition;
(3) Act as an exhibition organizer of a dangerous driving exhibition; or
(4) Participate in the preparation of a dangerous driving exhibition.
(b) A person is considered to be present at a dangerous driving exhibition if that person is within 200 feet of any portion of the location of the event, or within 200 feet of any portion of the location where preparations are being made for the event.
(c) For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) Donuts means a driving technique where a driver maneuvers a vehicle to create circles or figure eights by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around.
(2) Drag racing means, as likewise defined by the Michigan Vehicle Code Act being MCL 257.626a, the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempts to out-distance each other over a common selected course or where timing is involved or where timing devices are used in competitive accelerations of speeds by participating vehicles.
(3) Drifting means a driving technique where a driver uses the throttle, brakes, clutch, gear shifting, and steering input to keep a vehicle in a state of oversteer while maneuvering from turn to turn.
(4) Preparation for a dangerous driving exhibition means any actions that are taken by a group of motor vehicles or persons arriving at a location for the purpose of knowingly participating in or being a spectator at a dangerous driving exhibition, which includes but is not limited to, lining one or both sides of the public street or highway, gathering on private property open to the general public without the consent of the owner, operator, or agent thereof, driving in an unauthorized vehicle caravan, impeding the free public use of the public street or highway by actions, words, or physical barriers, revving or spinning the tires of a motor vehicle, or stationing at or near one or more motor vehicles for purposes of starting the driving prowess exhibition.
(5) Dangerous driving exhibition means an event in which a motor vehicle is involved in drag racing or another form of driving prowess, which includes but is not limited to, drifting, sliding, and donuts, and that is recklessly dangerous, and threatens the health and safety of the public; interferes with pedestrian and vehicular traffic; creates a public nuisance; or interferes with the right of private businesses or residents to enjoy the use of their property.
(6) Exhibition organizer means any person who knowingly takes part in the planning, organization, coordination, facilitation, advertisement or sharing of the location for the dangerous driving exhibition, or who collects money in connection with a dangerous driving exhibition.
(7) Sliding means a driving technique where a driver maneuvers a vehicle around a corner while still maintaining forward momentum.
(8) Exhibition spectator means any person who is present at a dangerous driving exhibition for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person that is at the location without regard to whether the person arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
(9) Unauthorized vehicle caravan means the unauthorized operation of two or more vehicles in a caravan fashion, either in a single lane or side by side in multiple lanes, upon a public street, highway, or private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being an exhibition spectator at a dangerous driving exhibition.
Codified by Ord. No. 2021-21 (JCC 6/29/2021, Passed 7/20/2021, Approved 7/21/2021, Published 8/9/2021, Effective 8/9/2021).
(a) Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection:
(1) Device means any cartridge, compressed gas cylinder, apparatus, container, or any other object used to contain, and/or dispense, and/or administer nitrous oxide.
(2) Nitrous oxide means a colorless, nonflammable gas, N 2 O, often times used as an anesthetic and in aerosols; when inhaled it produces loss of sensibility to pain preceded by exhilaration and sometimes laughter, and is used especially as an anesthetic in dentistry; it is also known as “laughing gas.”
(3) Paraphernalia means any equipment, product, material, or combination of equipment, products or materials, which are specifically designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body nitrous oxide, including, but not limited to:
a. Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness or purity of nitrous oxide;
b. A weight scale or balance specifically designed for use in weighing or in measuring nitrous oxide;
c. A dilutent or adulterant specifically designed for cutting nitrous oxide;
d. An object specifically designed for use in ingesting, inhaling, or otherwise introducing nitrous oxide into the human body, such as a balloon or nasal mask;
e. A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing nitrous oxide;
f. A device, commonly known as a nitrous kit, laughing gas kit, or balloon kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing nitrous oxide into the human body, and which consists of any quantity or combination of the following: a dispenser, a device containing nitrous oxide, a balloon, gloves, or a cracker;
g. A device, commonly known as a whippet, whippit, whip-it, canister, cartridge, charger, bulb, or nang, that is specifically designed to contain, dispense, or administer a measured amount of nitrous oxide:
h. A device, commonly known as a cracker, that is specifically designed to discharge a measured amount of nitrous oxide to the user;
i. A capsule, balloon, bag, or other container used, intended for use, or specifically designed to deliver a measured amount of nitrous oxide to the user; and
j. A container and other objects used, intended for use, or designed for use in storing or concealing nitrous oxide.
(4) In determining whether an object is paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in possession of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in possession of the object, under any state or federal law relating to any controlled substance;
c. The proximity of the object, in time and space, to a direct violation of this chapter;
d. The proximity of the object to controlled substances;
e. The existence of any residue of nitrous oxide on the object;
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in possession of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in possession of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as nitrous oxide paraphernalia;
g. Instructions, oral or written, provided with the object concerning its use;
h. Descriptive materials accompanying the object which explain or depict its use;
i. National and local advertising concerning its use;
j. The manner in which the object is displayed for sale;
k. Whether the owner, or anyone in possession of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of nitrous oxide;
l. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
m. The existence and scope of legitimate uses for the object in the community; and
n. Expert testimony concerning its use.
(5) Recreational use means use for the purpose of causing a condition of intoxication, impairment, euphoria, excitement, exhilaration, sexual enhancement, stupefaction, or dulling of the senses or nervous system, but does not mean use of anesthesia for medical or dental purposes.
(b) Possession, sale, or consumption of nitrous oxide prohibited.
(1) It shall be unlawful for any person within the City to display, offer, distribute, sell, or otherwise provide to a person any device that contains any quantity of nitrous oxide, or any paraphernalia used to dispense or administer nitrous oxide, for recreational purposes.
(2) It shall be unlawful for any person within the City to use, transport, or possess nitrous oxide for recreational purposes, a device that contains any quantity of nitrous oxide for recreational purposes, or any paraphernalia used to dispense or administer nitrous oxide for recreational purposes.
(c) The prohibitions set forth in this section shall not apply nitrous oxide that has been denatured or unfit for human consumption or to any of the following:
(1) A person licensed under chapter VII of the Food Law, MCL 289.7101 et seq., who sells or otherwise distributes the device as a Grocery product;
(2) A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business;
(3) A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the Public Health Code, being MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy; or
(4) A health care professional who possesses and dispenses nitrous oxide in the course of medical and dental treatment.
(d) A person in violation of Subsection (b)(1) and Subsection (b)(2) of this section is misdemeanor punishable by imprisonment for not more than 93 days, or a fine of not more than $100.00, or both.
Codified by Ord. No. 2021-43 (JCC 10/26/2021, Passed 11/16/2021, Approved 11/22/2021, Published 12/3/2021, Effective 12/3/2021).
Codified by Ord. No. 2021-43 (JCC 10/26/2021, Passed 11/16/2021, Approved 11/22/2021, Published 12/3/2021, Effective 12/3/2021).
For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Ammunition means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
Brandish means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, to point, wave about, or display in a threatening manner with the intent to induce fear in another person.
Cane sword means a cane or swagger stick, which has a blade concealed within, that may be used as a sword or stiletto.
Dart means a pointed weapon or stick thrown by hand.
Dealer means any person engaged in the business of selling at retail or renting any pneumatic gun.
Domestic Violence means in accordance with MCL 400.1501 the occurrence of any of the following acts by a person that is not an act of self-defense:
(1) Causing or attempting to cause physical or mental harm to a family or household member.
(2) Placing a family or household member in fear of physical or mental harm.
(3) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(4) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Family or household member means any of the following;
(1) A spouse or former spouse;
(2) An individual with whom the person resides or has resided;
(3) An individual with whom the person has or has had a dating relationship;
(4) An individual with whom the person is or has engaged in a sexual relationship;
(5) An individual to whom the person is related or was formerly related by marriage;
(6) An individual with whom the person has a child in common; or
(7) The minor child of any individual described by this subsection.
Firearm means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.
Machine gun means any firearm from which more than one shot or bullet may be discharged, without manually reloading, by a single function of the trigger.
Military personnel means members of the Armed Forces of the United States or their Reserve Services, members of the Michigan National Guard, or members of the Reserve Officers Training Corps, while in the performance of their official duties.
Peace officer means any police officer, any member of the police reserves, any sheriff or such sheriffs deputy, or any officer of the Michigan Department of State Police, or any other person who, by virtue of office or public employment, is vested by law with the duty to maintain public order or make arrests for any offenses or is limited to specific offenses.
Person means any individual, corporation, company, association, firm, partnership, society, fraternal order, or other legal entity but does not mean a governmental entity.
Pistol means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm, that, by its construction and appearance, conceals itself as a firearm.
Pneumatic gun means, as defined in Section 1 of the Michigan Firearms and Ammunition Act, being MCL 123.1101, any implement, designed as a gun, which will expel a BB or pellet by spring, gas, or air, including a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
Public place means any place, which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of apartment houses, commercial establishments, hospitals, schools, and transport facilities.
Replica or facsimile firearms means any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, pneumatic gun, inoperative firearm, or other firearm and includes, but is not limited to, toy guns, theatrical production props, hobby models, either in kit form or fully assembled, or any other devices which might reasonably be perceived to be real firearms.
Rifle means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Sale means a transfer made in exchange for legal consideration.
Security personnel means:
(1) Special agents employed by a railroad or public utility to perform police functions;
(2) Guards of armored car companies;
(3) Watchpersons, security guards, and other persons regularly employed by a lawful commercial or industrial concern for the protection of its property, employees, or visitors, who have a valid active concealed weapons license issued by Wayne County Gun Board or any other jurisdiction having the authority to issue such a concealed weapons permit license; and
(4) Personnel or guards that have been certified under the Michigan Private Security Business and Security Alarm Act, being MCL 338.1051 et seq.
Shotgun means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function of the trigger.
Switch-blade or self-opening knife means a knife containing a blade, which can be opened by depressing a button, pressure on the handle, release of a spring or other mechanical contrivance.
Transfer means give, deliver, convey, assign, confer, exchange, consign, hand over, or otherwise relinquish ownership or possession in favor of another but does
not mean a transfer made by a peace officer, military personnel, or security personnel in the course of their duties.
Umbrella sword means an umbrella, which has a blade concealed within, that may be used as a sword or stiletto.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
(a) It shall be unlawful for any person to possess or receive any firearm or ammunition when that person is subject to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(2) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;
and
(3) Either:
a. includes a finding that such person represents a credible threat to the physical safely of such intimate partner or child; or
b. by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall he unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to possess or receive any firearm or ammunition.
(1) A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence, unless:
a. The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
b. In the event the person was entitled to a jury trial, the case was either tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(c) Subsection (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant federal law is either not precluded from dealing in firearms or ammunition, or has been granted relief from disabilities therein.
(d) Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had his civil rights restored shall not be considered a conviction for purposes of this ordinance, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
(a) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(2) Either:
a. Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
b. By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall be unlawful for, any person to sell or otherwise dispose of any firearm or ammunition to any person who has been convicted in any court of a misdemeanor crime of domestic violence.
(c) Subsections (a) and (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to federal law is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities therein.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
It shall be unlawful for any person to sell, offer for sale, possess, use or loan any cane sword, or umbrella sword.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020).
Any cane sword, dart, knife, or umbrella sword possessed contrary to the provisions of this Code, or state or federal law, is hereby declared contraband and forfeited to the Chief of Police to be disposed of in a manner to be determined by the Chief.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020).